Only on abc13: HOA sells home of woman with outstanding dues

A homeowner was evicted from her house for failing to pay her HOA dues.

KTRK

Lauren Lea

Monday, May 23, 2016

TOMBALL, TX (KTRK) --

A woman is being evicted from her home near Tomball after she says her homeowner's association foreclosed on her home and it then sold at auction.

Triss McQuiston is now fighting to stay the home where she has lived for the past 15 years, and she is still making mortgage payments. She says she had no idea her home ever sold or had even gone into foreclosure. She found the eviction suit on her front door on Friday.

"There was all this other stuff from I don't know, foreclosure information and auction stuff. This was the first I had seen of any of this. It was a complete shock and surprise," she said.

McQuiston's home was sold at foreclosure auction in September. She admits that she didn't pay her dues to the Canyon Gate at Northpointe Owners Association in 2014 or 2015, totaling about $1,800. She was opening a new business and says she procrastinated making the payments.

"I had the money the whole time. That's the sad part about it. I would have gladly taken care of it," she said.

An attorney for the HOA said about 12 notices were sent to McQuiston to try to collect her outstanding dues and notifying her about what would happen with the account if the assessments were not paid.

"Some of these notices include issuances by the district clerk of Harris County regarding the lawsuit that was pending seeking the right to foreclose, as well as attempts to hand deliver to the homeowner using FedEx overnight services," explained Sarah B. Gerdes.

"If it came into the mail, I didn't receive anything. I didn't see anything," McQuiston said.

Gerdes said notices were sent via first class and certified mail beginning in March 2014.

"Most of the green cards I'm seeing doesn't show that she's signing for it. Notices were taped to the front door so I understand if you're living in the property you're going to see those notices on your front door," Gerdes said about the certified mail receipts.

McQuiston has now hired an attorney to first fight the eviction, and she has a hearing on Tuesday. She wants to save her home.

"I would never have thought in my wildest dreams thought that an HOA and being a member of the community for 15 years would go to these lengths and they'd have this much power," McQuiston said.

Attorney Anna Sewart represents Fairpoint Ventures, which purchased McQuiston's home at auction. Sewart said they have no comment about the eviction suit because of the ongoing litigation.